Sentencing Act 2020

Exercise of power to make youth rehabilitation order E+W

179 Exercise of power to make youth rehabilitation order: general considerations E+W

(1) This section applies where a court is dealing with an offender for an offence and a youth rehabilitation order is available.

(2) The court must not make a youth rehabilitation order unless it is of the opinion that—

(a) the offence, or

(b) the combination of the offence and one or more offences associated with it,

was serious enough to warrant the making of such an order.

(3) In forming its opinion for the purposes of subsection (2), the court must take into account all the information that is available to it about the circumstances of the offence, or of it and any associated offence or offences, including any aggravating or mitigating factors.

(4) The pre-sentence report requirements (see section 30) apply to the court in relation to forming that opinion.

(5) The fact that, by virtue of subsection (2), the court may make a youth rehabilitation order does not require it to do so.

(6) Before making a youth rehabilitation order, the court must obtain and consider information about—

(a) the offender's family circumstances, and

(b) the likely effect of a youth rehabilitation order on those circumstances.

Commencement Information

I1 S. 179 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

180 Making youth rehabilitation order with intensive supervision and surveillance or fostering E+W

(1) This section applies where either of the following orders is available to a court dealing with an offender for an offence—

(a) a youth rehabilitation order with intensive supervision and surveillance;

(b) a youth rehabilitation order with fostering.

(2) The court must not make an order of either of those kinds unless it is of the opinion—

(a) that the offence, or the combination of the offence and one or more offences associated with it, was so serious that, if such an order were not available, a custodial sentence—

(i) would be appropriate, or

(ii) where the offender is aged under 12 when convicted, would be appropriate if the offender were aged 12, and

(b) if the offender is aged under 15 when convicted, that the offender is a persistent offender.

(3) In forming its opinion for the purposes of subsection (2), the court must take into account all the information that is available to it about the circumstances of the offence, or of it and the associated offence or offences, including any aggravating or mitigating factors.

(4) The pre-sentence report requirements (see section 30) apply to the court in relation to forming that opinion.

Commencement Information

I2 S. 180 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

181 Making youth rehabilitation order where offender subject to other order E+W

Offender subject to detention and training order

(1) Where a court makes a youth rehabilitation order in respect of an offender who is subject to a detention and training order, the court may order that the youth rehabilitation order is to take effect—

(a) when the period of supervision in respect of the detention and training order begins in accordance with section 242 (the period of supervision), or

(b) on the expiry of the detention and training order.

(2) For the purposes of subsection (1)—

(a) the references to a detention and training order include an order made under section 211 of the Armed Forces Act 2006 (detention and training orders made by service courts), and

(b) the reference to section 242 includes that provision as applied by section 213 of that Act.

(3) For those purposes, the references in subsections (1) and (2) to a detention and training order include an order under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 (and references to section 242 include references to section 103 of that Act).

Offender subject to youth rehabilitation order or reparation order

(4) A court must not make a youth rehabilitation order in respect of an offender when—

(a) another youth rehabilitation order, or

(b) a reparation order,

is in force in respect of the offender, unless when it makes the order it revokes the earlier order.

(5) For the purposes of subsection (4)—

(a) the reference in paragraph (a) to another youth rehabilitation order includes an order under section 1 of the Criminal Justice and Immigration Act 2008, and

(b) the reference in paragraph (b) to a reparation order includes an order under section 73 of the Powers of Criminal Courts (Sentencing) Act 2000.

Court dealing with offender for offences including one of which the offender is convicted when aged 18

(6) A court may not make a youth rehabilitation order in respect of an offence if it makes a suspended sentence order for any other offence for which it deals with the offender.

Commencement Information

I3 S. 181 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

182 Youth rehabilitation order: effect of remand in custody E+W

(1) In determining the restrictions on liberty to be imposed by a youth rehabilitation order in respect of an offence, the court may have regard to any period for which the offender has been remanded in custody in connection with—

(a) the offence, or

(b) any other offence the charge for which was founded on the same facts or evidence.

(2) For this purpose a person is remanded in custody if—

(a) remanded in or committed to custody by order of a court,

(b) remanded to youth detention accommodation under section 91(4) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (remands of children otherwise than on bail), or

(c) remanded, admitted or removed to hospital under section 35, 36, 38 or 48 of the Mental Health Act 1983.

Commencement Information

I4 S. 182 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

183 Concurrent and consecutive orders E+W

(1) This section applies where a court is dealing with an offender for two or more offences.

(2) If the court makes an order of any of the following kinds in respect of one of the offences—

(a) a youth rehabilitation order with intensive supervision and surveillance,

(b) a youth rehabilitation order with fostering, or

(c) any other youth rehabilitation order,

it may not make a youth rehabilitation order of another of those kinds in respect of the other offence, or any of the other offences.

(3) If the court makes—

(a) two or more youth rehabilitation orders with intensive supervision and surveillance, or

(b) two or more youth rehabilitation orders with fostering,

those orders must take effect at the same time (in accordance with section 198).

(4) Subsections (5) to (7) apply where the court includes requirements of the same kind in two or more youth rehabilitation orders.

(5) The court must direct, for each kind of requirement—

(a) whether the requirements are to be concurrent or consecutive, or

(b) if more than two requirements of that kind are imposed, which are to be concurrent and which consecutive.

(6) But the court may not direct that two or more fostering requirements are to be consecutive.

(7) Where the court directs that two or more requirements of the same kind are to be consecutive, the numbers of hours, days or months specified in relation to each of them—

(a) are to be aggregated, but

(b) in aggregate, must not exceed the maximum number which may be specified in relation to any one of them.

(8) For the purposes of subsections (4) to (7), requirements are of the same kind if they fall within the same Part of Schedule 6.

Commencement Information

I5 S. 183 in force at 1.12.2020 by S.I. 2020/1236, reg. 2